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D.Neb.: Vehicle frisk lacked RS under Long

By John Wesley Hall, Jr.

A vehicle frisk would have been valid here under Gant and Long. Here, however, the officer lacked any reasonable suspicion. United States v. Stewart, 2009 U.S. Dist. LEXIS 117779 (D. Neb. December 15, 2009)*: Moreover, even if the officers' testimony that they subjectively feared danger is credited, the testimony does not amount to a showing that a reasonably prudent officer would be warranted in the belief that his safety or that of others was in danger under these circumstances. Deputy Woodward's testimony that he observed allegedly furtive gestures is explained by the fact that the defendant was searching for his identification. Moreover, a reasonable apprehension of danger would have justified a pat-down or a search of the defendant's immediate area at that time, rather than later...continue to full post

Full post as published by Fourth Amendment on December 21, 2009 (boomark / email).